Deal reached for transgender teen accused of battery

Share this:

A misdemeanor battery charge lodged against a 16-year-old transgender teen in connection with a fight at Hercules High School may be dropped so long as the student successfully completes a conflict resolution program, a judge said Thursday.

If Jewlyes Gutierrez completes the restorative justice program, the charge will likely be dismissed, according to supporters in a case that has fueled national headlines and an online petition at Change.org supporting her.

Senior Deputy District Attorney Dan Cabral said Thursday that he could not discuss the case or the disposition because of juvenile confidentiality laws.

Speaking generally, however, Cabral said an accused party must take responsibility for his or her actions while “understanding people’s feelings.” He said participants in a restorative justice program try to “meet and just get an understanding of the accountability to all parties.”

Jewlyes’ attorney, Deputy Public Defender Kaylie Simon, has said that her client’s plight “is a socially complex situation that would best be handled outside the court system. … Prosecuting Jewlyes further victimizes her. She has continued to be tormented and harassed at school.”

On Thursday, Simon said, “It is our hope that all parties involved will learn from this experience and feel safer at school.”

Jewlyes and several other students got into a fight at the school Nov. 13, with a portion of the confrontation caught by a witness’ cell-phone camera. It shows several students chasing after Jewlyes, who was born male but considers herself female and wears her hair long.

Her supporters say the fight happened after Jewlyes had been teased for days about her gender identity by classmates.

In a statement, Masen Davis, executive director of the Transgender Law Center in San Francisco said, “I am relieved to know that Jewlyes will now have the chance to find peace and safety outside of the criminal justice system. Youth belong in schools not jails. All students, including transgender students, should be able to go to school feeling safe and supported.”